Sprint v. Rodriguez - Unlocking Phones PDF

Case 3:15-cv-00110-C Document 1 Filed 01/14/15
Page 1 of 52 PageID 1
UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF TEXAS
DALLAS DIVISION
SPRINT SOLUTIONS, INC. and SPRINT
COMMUNICATIONS COMPANY L.P.,
Plaintiffs,
v.
ANGEL MORENO RODRIGUEZ and
ROBERT MORENO ESCOBAR
Defendants.
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Civil Action No: __________

COMPLAINT FOR DAMAGES
AND INJUNCTIVE RELIEF
JURY TRIAL DEMANDED
COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Plaintiffs Sprint Solutions, Inc. and Sprint Communications Company L.P. (collectively
Sprint or Plaintiffs), hereby file this Complaint for Damages and Injunctive Relief against
Defendants Angel Moreno Rodriguez and Robert Moreno Escobar (collectively Defendants),
and state:
INTRODUCTION
1.
Sprint sells wireless handsets (Sprint Phones or Phones) under the brands
Sprint, Boost Mobile, Virgin Mobile, payLo, and Assurance Wireless for use on Sprints wireless
network at prices significantly below the wholesale price of the Phones to make them more widely
accessible to consumers. Defendants and their co-conspirators are perpetrators of an unlawful
scheme (the Handset Theft and Trafficking Scheme or the Scheme) to profit from the illegal
acquisition and resale of new Sprint Phones, by stealing the substantial financial investment that
Sprint makes in its Phones, for their own profit and to the detriment of Sprint and its customers.
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C:\Users\brodela\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\ZQEFB4DZ\Sprint_Rodriguez COMPLAINT_(100020463_3).DOCX
2.
Defendants and their co-conspirators acquire Sprint Phones through various
methods, predominantly through account fraud, but also, on information and belief, through the
use of runners, credit mules, 1 and mobile device theft. As part of the Handset Theft and
Trafficking Scheme, the Phones, which may be purchased and sold multiple times, ultimately end
up in the hands of someone other than the consumer with whom Sprint has a business relationship.
Along the way, the Phones are unlocked so they will operate on a wireless network other than
Sprints. Often the ultimate user of the phone is located overseas, in a country where the wireless
service provider does not underwrite the cost of new phones.
3.
Defendants Scheme takes advantage of the relationship between Sprint and its
customers, including the fact that Sprint allows its customers to place equipment and service orders on
their accounts, and that Sprint invests in its Phones to reduce the costs for its customers. Defendants
use fraud and egregious misrepresentations to defraud Sprint and its customersstealing money,
equipment, and service. By obtaining Sprint Phones under false or fraudulent pretenses from Sprint,
Defendants profit from Sprints losses. Although Defendants may participate in less than all of the
steps in the process of diverting Sprint Phones, each of Defendants acts is a violation of Sprints rights
and causes significant damage to Sprint. Additionally, as participants in the conspiracy, Defendants
are liable for the harm caused to Sprint by the entire Scheme.
4.
The Scheme causes tremendous harm to Sprint and to consumers. In addition to
the pecuniary losses caused by Defendants theft of Sprints mobile devices, investment in the
A Runner is an individual or entity that makes multiple purchases of new Sprint Phones on behalf of phone
traffickers like Defendants. A Credit Mule is an individual or entity that signs up for wireless service with Sprint
never intending to comply with the terms of the agreement to obtain new subsidized Sprint Phones for phone
traffickers like Defendants. A copy of the Federal Trade Commissions June 2014 Consumer Credit Mule Warning
is attached hereto as Exhibit A.
Phones, lost sales and market expenses, and lost expected customer revenue, Defendants
misconduct has harmed Sprints relationships with its customers, dealers, retailers, and others.
Defendants Scheme also involves unlawfully accessing Sprints protected computer systems and
wireless network; trafficking of Sprints protected and confidential computer passwords; willful
infringement of Sprints trademarks; and/or stealing legitimate customer upgrades. Defendants,
who open unauthorized Sprint accounts by falsely representing themselves as employees of
Sprints authorized national third-party dealers and representatives of legitimate small businesses,
are not only stealing from Sprint but are causing substantial damage to Sprints brand, image, and
reputation.
5.
Sprint seeks to recover damages for the harm caused by Defendants Handset Theft
and Trafficking Scheme, and to obtain an injunction prohibiting Defendants from continuing to
perpetrate the Scheme.
6.
All conditions precedent to filing this action have been performed, waived or
excused.
7.
Sprint has retained the undersigned attorneys to represent it in this action and has
agreed to pay its attorneys a reasonable fee for their services.

PARTIES, JURISDICTION, AND VENUE
8.
This is an action for damages in excess of $75,000.00, exclusive of interest, costs,
and attorneys fees.

9.
Sprint Solutions, Inc. is a Delaware corporation, with its principal place of business
in Reston, Virginia.
10.
Sprint Communications Company L.P. is a Delaware limited partnership, with its
principal place of business in Overland Park, Kansas.

11.
Defendant Angel Moreno Rodriguez (Rodriguez) is an individual who personally
engaged in and helped facilitate the improper conduct described herein. Upon information and
belief, Rodriguez resides at 1502 Buena Vista Street, Mesquite, Texas 75149.
12.
Defendant Robert Moreno Escobar (Escobar) is an individual who personally
engaged in and helped facilitate the improper conduct described herein. Upon information and
belief, Escobar resides at 2439 W. Brooklyn Avenue, Dallas, Texas 75211.
13.
Jurisdiction in this Court is proper pursuant to 28 U.S.C. 1331, 1332, and 1338
because Sprints claims for violation of the United States Trademark Act, Title 15 of the United
States Code and the Computer Fraud and Abuse Act, 18 U.S.C. 1030, et seq. arise under federal
law and because diversity exists between the parties and the amount in controversy exceeds
$75,000.00 exclusive of costs, fees, and interest. This Court has supplemental jurisdiction
pursuant to 28 U.S.C. 1367 over Sprints state law claims because those claims are so related to
the federal claims that they form part of the same case or controversy.
14.
All Defendants are subject to the personal jurisdiction of this Court because they
have conducted, engaged in and carried out business ventures within the State of Texas; they have
committed tortious acts within the State of Texas; and they have engaged in substantial and not
isolated activity within the State of Texas.
15.
Venue is proper pursuant to 28 U.S.C. 1391(b) because the Defendants either
reside in this district or a substantial part of the events or omissions giving rise to the claims
occurred in this judicial district.
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SPRINTS BUSINESS MODEL

16.
Sprint and its affiliates offer a comprehensive range of telecommunications
products and services to consumers, businesses, and government users. Sprint currently serves
more than 56 million customers nationwide, and is widely recognized for developing, engineering
and deploying innovative technologies. The Sprint companies and affiliates highly value the
outstanding business reputation they have worked hard to develop.
17.
Sprints wireless program enables Sprint customers to choose from a variety of
monthly voice and data plans for use on cutting edge devices on the Sprint wireless network. In
addition to being available through Sprint online, over the phone with authorized Sprint customer
service representatives, and in its stores, Sprint Phones and wireless service are sold through
authorized Sprint dealers and national retailers around the country, with whom Sprint has
contractual relationships.
18.
New business customers can go to a Sprint authorized dealer or retailer to open a
Sprint account and, depending on the business credit, may qualify for multiple lines as well as
discounts and promotions for becoming a Sprint customer. The authorized dealer or retailer
contacts Sprints Business Credit Department and provides a confidential Equifax PIN code to
verify that the individual contacting Sprint is, in fact, an authorized representative of the Sprint
dealer or retailer, as well as the name, address, and contact name and number for the new business
customer. The Sprint Business Credit Department will place an outbound call to the business
customer to confirm that the order is authorized and, if confirmed, will run the business credit and
provide a Credit Application Number, which is linked to the approval parameters. The new
business customer may then activate lines of Sprint service and place Sprint equipment orders,
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which are billed to the new account. Sprint has a dedicated group that provides activation services
for customers of Sprints authorized national retailers, such as WalMart, Best Buy, and Sams
Clubsthe Sprint National Sales Support (NSS) group. To activate service for a new business
customer through the NSS group, the employee of the authorized national retailer must provide
Sprint with a valid confidential Agent/PIN code and the Credit Application Number for the new
customer.
19.
Sprints business model is based upon Sprints ability to deliver affordable, innovative,
and desirable products and services to consumers. Therefore, Sprint assists its customers in their
acquisition of Sprint Phones, including upgrades of Sprint Phones, for use on the Sprint network by
selling the Phones for substantially less than what Sprint pays to the manufacturers for the Phones.
Sprint recoups the money it loses on the Phones through revenue earned on the sale of Sprint service,
which customers must use to transmit and receive voice, text, and data on the Sprint Phones. In
addition to subsidizing Sprint Phones, Sprint also offers its customers the option of paying off the
Phone in installments or leasing a Phone from Sprint, as well as providing discounts, rebates, and other
incentive programs by which Sprint heavily invests in the Phones to the benefit of its customers. These
types of substantial subsidies and investment programs are not offered by telecommunications carriers
outside the United States; instead, the consumer must pay full price for the phones from the
manufacturers. The full value of the Phone in the case of theft or the difference between the value and
the subsidy price offered by Sprint is the profit garnered by the handset traffickers.
20.
Sprint does not require new Sprint customers to purchase a new subsidized Sprint
Phone for their Sprint account. Customers who are satisfied with their current phones can provide
Sprint with the electronic serial number and Sprint will activate that phone on their new Sprint
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account. As a new customer who did not redeem its right to a new Phone upon activating a new
account, the customer will be entitled to an upgrade to a new subsidized Sprint Phone at a time
of its choosing in the future. Legitimate Sprint customers may obtain Sprint Phones either through
placing an order via Sprint customer care or by going into a Sprint store or authorized retailer or
dealer.
21.
Sprint Phones are sold subject to terms and conditions (Terms and Conditions)
which conspicuously restrict and limit the sale and use of the Phones. A copy of the Terms and
Conditions is attached hereto as Exhibit B. These Terms and Conditions are set forth in printed
inserts that are included with the purchase of every Sprint Phone.
22.
To make its customers experience as convenient as possible, Sprint provides various
methods for its customers to manifest their agreement to the Terms and Conditions, depending on
the type of service they obtain and the method and sales channel through which they activate their
service. In some cases, customers are asked to sign a written contract, in others they acknowledge
their agreement orally by phone, and in other situations they may indicate their agreement by clicking
the appropriate buttons on a website. In the case of pay-as-you-go or prepaid service, customers
confirm their agreement by purchasing a Phone in a package that conspicuously indicates that their
purchase or use of the phone constitutes their agreement to the Terms and Conditions. All of the
methods used by Sprint for obtaining its customers agreement to the Terms and Conditions are
legally valid and appropriate, and the Terms and Conditions constitute a valid and binding contract
between Sprint and each of its customers.
23.
Sprint is able to offer its Phones to customers at reduced prices only if the Phones
are used as intended on the Sprint wireless network. Manufacturers that produce wireless phones
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for Sprint install proprietary software, requested and paid for by Sprint, on the Sprint Phones.
Among other things, this software is intended to prevent the Phones from being used outside the
Sprint network.
24.
Wireless technology is constantly changing and improving, and the wireless
industry is intensely competitive. Sprint expends substantial resources to maintain its position as
an industry leader and to ensure that its network, handsets, and all of its products and services are
at the cutting edge of the latest technological developments. Providing its customers with the
highest quality and most advanced technology is a key differentiator for Sprint and central to its
business strategy. For example, Sprint was the first national wireless carrier in the United States
to offer 4G service, and Sprint continues to aggressively develop, engineer, and deploy innovative
technologies to benefit its customers.
25.
Sprint invests heavily in efforts to provide its customers with the most up-to-date
wireless handsets, and shoulders most or all of the cost of purchasing a new phone for its customers.
Sprint makes phones available to new customers at a low cost when they initiate wireless service, and
also provides new subsidized phones, or upgrades, to customers at regular intervals.
26.
Sprint made a particularly significant and widely publicized investment for its
customers in the Smartphone market. As reported in The Wall Street Journal, Sprint agreed to buy
30.5 million iPhones from Apple over four years, at a cost of more than $20 billion. Indeed, Sprint
has staked a significant amount of its business on the iPhone brand. Copies of newspaper articles
discussing Sprint and the iPhone are attached hereto as Composite Exhibit C. As the demand,
and therefore, the price, for iPhones in various world markets skyrockets, Sprints subsidized
iPhones are a particularly attractive and lucrative target for participants in the Handset Theft and
Trafficking Scheme.
27.
Sprint is continuously working to provide its customers with the latest in
communications technology. For example, undertook a massive Network Vision program to

migrate millions of customers from the Nextel network, which used outdated iDEN technology,
and to upgrade more than 25,000 wireless transmission facilities around the country to the latest
4G LTE transmission technology. Sprints practice of defraying the cost of handsets for existing
customers is an essential part of its business model, and facilitates the upgrading of Sprints
network by helping to migrate customers from older technology phones to newer models. Many
of the various wireless transmission standards are not compatible with each other, so Sprints
customers must switch to new Phones before Sprint can transition its network to the latest
standard. New handsets are also needed to utilize different radio frequencies and take advantage
of Sprints acquisition of wireless spectrum from various other companies, so as not to overwhelm
Sprints network and to allow for the most efficient service for all Sprint customers.
28.
By outright stealing handset upgrades or stealing the investment in handset
upgrades that Sprint intends to benefit its customers, Defendants Scheme harms Sprint not only
by misappropriating its investment in the Phones, but also by impeding Sprints ability to upgrade
its equipment and network facilities and efficiently and effectively serve its customers. Sprint
offers special Phone upgrade deals to its customers to meet their high expectations and strong
demand for the most technologically-advanced handsets, features, and services. These upgrades
are critical not just to Sprints reputation and business relationships but also to Sprints network
speed and efficiency.
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SPRINTS TRADEMARK RIGHTS

29.
Sprint Communications Company L.P. owns federal trademark registrations for the
standard character and stylized Sprint marks (collectively, the Sprint Communications Marks).
Sprint Solutions, Inc. has been assigned the right to use and enforce the Sprint Communications
Marks. Copies of the certificates of registration issued by the United States Patent and Trademark
Office are attached hereto as Composite Exhibit D. The stylized Sprint Communications Marks
are depicted below:
30.
Sprint has been assigned the right to use and enforce the standard character and
stylized Virgin Mobile, payLo, Assurance Wireless and Boost Mobile trademarks (collectively,
the Assigned Marks), the latter of which are depicted below:
The Sprint Communication Marks and Assigned Marks will collectively be referred to as the
Sprint Marks.
31.
Sprint uses the Sprint Marks on and in connection with its telecommunications
products and services.
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32.
Sprint Marks have become an intrinsic and essential part of the valuable goodwill
and property of Sprint, which protects the Sprint Marks. The Sprint Marks are well established
and well known to customers and the trade as symbols identifying and distinguishing Sprints
products and services, and signifying distinctive products and services of high quality. Only Sprint
and its expressly authorized, affiliated agents are permitted to use the Sprint Marks. The Sprint
Marks are valid, distinctive, protectable, famous, have acquired secondary meaning, and are
associated exclusively with Sprint.
DEFENDANTS MISCONDUCT
33.
Sprint has discovered that although large quantities of its Phones are being
purchased throughout the United States, a significant number of these Phones are not being used
on the Sprint network.
Instead, entities and individuals such as Defendants and their co-
conspirators, with no intention of lawfully connecting to or using the Sprint wireless network, are
fraudulently acquiring and reselling new Sprint Phones. The Phones are acquired, either directly
by Defendants or through their co-conspirators, through illicit means, such as through orders and
upgrades on fraudulently activated Sprint business accounts, and then sold for a substantial profit.
The Phones are sold to unsuspecting U.S. consumers who cannot activate them, or they are shipped
directly overseas, where they can be used on other wireless carriers networks, or to other domestic
traffickers, who can add them to larger shipments headed overseas. The Phones are usually taken
out of their original packaging, and all accessories, warranties, and manuals are removed, before
being shipped overseas. They are often unlocked by Defendants or their co-conspirators to raise
their value and prepare them for use on other carriers. Defendants undertake these actions for their
own profit.
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34.
Once a Sprint Phone is unlocked and shipped overseas to be used on other wireless
networks, Sprint no longer has a revenue source to recoup its investment on that Phone.
35.
If Sprint identifies a Phone as connected with theft, fraud, or other loss, the
electronic serial number (ESN) is logged into Sprints system and the Phone can no longer be used
on the Sprint network. This is done to protect Sprint from further harm and in attempt to deter
criminal activity. The Phone is thereafter referred to in the handset trafficking community as
having a Bad ESN. As it is no longer a functioning Sprint Phone, the only value of a Bad ESN
Phone is in unlocking the handset for use on other networks and overseas resale.
36.
Defendants knowingly and willfully engaged in an enterprise that traffics in and
resells new Sprint Phones. Defendants use fraud and other illicit means to acquire Sprint Phones
and sell those Sprint Phones to unsuspecting consumers and through various co-conspirators.
While the complete extent of Defendants activities in the Handset Theft and Trafficking Scheme
is not yet known, Defendants are actively involved in several integral components of the
conspiracy.
37.
Defendants are not authorized Sprint dealers, retailers, employees, supervisors,
managers, agents or representatives. Defendants have no legitimate connection to Sprint.

38.
Since at least 2013, Defendants have been actively engaged in the Handset Theft and
Trafficking Scheme, but upon information and belief, their participation began much earlier.
39.
On or about January 18, 2014, Sprint received a tip that an individual was reselling
fraudulently acquired Sprint Phones through a Facebook page called DFW Phones and
Electronics Unlimited. A copy of a DFW Phones and Electronics Unlimited post offering to sell
new Sprint iPhones is attached hereto as Exhibit E. The tipster stated that in response to a
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Facebook post by DFW Phones and Electronics Unlimited, he purchased ten (10) new Sprint
Phones from Angel, who Sprint identified as Defendant Angel Rodriguez. Defendant Rodriguez
falsely represented himself to the tipster as a Sprint Third Party Employee. When end users
attempted to activate the Phones sold by Defendant Rodriguez on the Sprint network, they learned
that the Phones had been flagged by Sprint as fraud devices with Bad ESNs, which prevented them
from being activated on the Sprint network.
40.
Based on this information, Sprint launched an investigation into Defendant
Rodriguezs activities to identify how he was acquiring new Sprint Phones for resale, with whom
he was working, and the scope of damage to Sprint.
41.
During the investigation, Sprint learned that Defendant Rodriguez is working with
a partner, identified as Defendant Robert Moreno Escobar. Together, Defendants target and
defraud Sprint, as well as authorized Sprint dealers and local businesses, by fraudulently opening
new accounts and lines of service, to steal service and new Sprint Phones for resale.
42.
Defendants scam is complicated but effective. First, Defendants identify and
research a local business and ensure that the business landline phone(s) are operational.
Defendants target primarily independent small businesses in the Dallas/Fort Worth area, such as
dry cleaners, beauty salons, and restaurants.
43.
After a business is targeted, one of the Defendants personally goes into the retail
location and requests to use the phone, claiming that his car has broken down or a similar excuse.
Once given access to use the business phone, Defendants initiate the Call Forwarding feature,
which will forward any calls placed to the business to one of the Defendants cellular phones.
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44.
Next, a Defendant calls Sprint Business Credit Department and holds himself out
as an employee of an authorized third-party dealer, such as Sams Club, Wal-Mart, Best Buy or
Radio Shack, and states that his customer wants to open a new business account. The Defendant,
posing as an employee of an authorized Sprint retailer, requests Sprint run a credit report on the
business whose landline he just hijacked through Call Forwarding. To run the credit report,
Defendant provides Sprint with the third-party dealers Equifax Credit PIN (which, upon
information and belief, Defendants obtain through unidentified co-conspirators, fraud and/or
pretexting) along with the information for the target business, including names, address and,
importantly, the contact phone number.
45.
Sprint then places a security call to the business to validate the business purported
request for new Sprint service.
Since Defendants have already initiated the Call Forwarding
feature of the businesss phone, the security call from Sprint is automatically forwarded to one of
the Defendants cell phones and the Defendant fraudulently validates the service request. Sprint
then provides Defendants with a falsely acquired credit application number, authorizing activation
of the account and providing the parameters for the number of lines, phones, types of plans for
which the business is approved.
46.
Next, Defendants call Sprint National Sales Support, again holding themselves out
as an employee of an authorized Sprint retailer and tell the Sprint customer care representative that
they are calling to activate service on behalf of the target business, for which they now have the
fraudulently acquired credit application number. Defendants provide a valid dealer Agent Code
(which, upon information and belief, Defendants also obtain through unidentified co-conspirators,
fraud and/or pretexting) and activate a Sprint account on which they add new lines of service, often
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on one or more ghost phones 2, purportedly on behalf of the business customer. Defendants decline
to take advantage of the opportunity to immediately acquire new subsidized Sprint Phones for the
new lines they activated because the Phones would be shipped to the legitimate business. Instead,
Defendants commonly use older model ghost phones so they will be immediately eligible for
upgrades.
47.
Once the ghost phones are activated, Defendants then physically go to an authorized
Sprint retailer or dealer and request upgrades on the ghost phones. Defendants, who initially
activate older model ghost phones, are automatically eligible for upgrades to new Sprint Phones
and the orders are placed and the fraudulent business account billed for the new Phones.
Defendants obtain these new Sprint Phones solely for resale for their own profit. On information
and belief, Defendants Rodriguez and Escobar both participate in each component of the scam for
different target companies.
48.
Once Defendants are in possession of the fraudulently acquired new Sprint Phones,
they immediately resell them.

49.
Defendants advertise new Sprint Phones for resale online on sites including
Facebook and craigslist. Copies of Defendants advertisements are attached hereto as Exhibit F.
Defendants advertisements attempt to conjure legitimacy by stating, device also comes with a
clean ESN and we can activate at point of salecomes backed by Sprints [sic] one year warranty
as well. Id. (All-caps removed). These statements are false and misleading and Defendants intend
A ghost phone is the industry term for a phone that the fraudsters simply know the serial number but they are not
in physical possession of the phone. It is used as a place holder on fraudulent accounts. Upon information and belief,
Defendants also obtain the ghost phone serial numbers through unidentified co-conspirators, fraud and/or pretexting.
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for purchasers to rely on them and to believe that they are purchasing a new Sprint Phone backed
by Sprint that can be activated on the Sprint network.
50.
In fact, because these phones are acquired through fraud, they will be flagged by
Sprint as Bad ESN phones, unable to be activated on Sprints network and without any Sprintbacked warranty. In addition, the ghost phones that Defendants use to fraudulently obtain
upgrades are also flagged by Sprint as associated with fraud and will never be eligible to be
activated on the Sprint network to the detriment of Sprint as well as the authorized Sprint dealers,
retailers or customers in possession of these phones.
51.
Defendants repeatedly perpetrate their Scheme. For example, on October 9, 2014,
Sprint identified a fraudulently opened business account in the name of a local dry cleaning
business; the authorized contact person named on the account was Angel Rodriguez. Indeed, the
dry cleaning business confirmed that they had not opened an account with Sprint. The account
was fraudulently opened by Defendants Rodriguez and Escobar and, within one day, Defendants
fraudulently obtained five (5) new Sprint Phones on this account.
By October 14, 2014,
Defendants had acquired nine (9) more new Sprint Phones on this one fraudulent account alone.
52.
On October 10, 2014, Sprint identified that one of the Sprint phone numbers
activated to the dry cleaners fraudulent account was being used as the contact number on a Dallas
craigslist advertisement offering new Sprint iPhone 6 handsets for sale.
An undercover
investigator for Sprint called the number posing as a buyer and spoke with Robert, who was
confirmed as Defendant Robert Escobar. The investigator and Defendant Escobar arranged to
meet later that day at County Burger on South Hampton Road, Dallas, Texas.
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53.
Upon meeting in person, Defendant Escobar fraudulently represented himself to be
an outside sales distributor for Sprint. Defendant Escobar sold a new Sprint iPhone 6 handset,
ESN 35206906417634, to the investigator for cash. Sprint confirmed that this Phone was one of
the Phones fraudulently obtained on the dry cleaners account.
54.
As another example of Defendants ongoing fraudulent activities, on November 7,
2014, in response to another craigslist advertisement, an investigator contacted Defendant Escobar

by text message asking about the advertised new Sprint Samsung Galaxy S4 handsets. A copy of
the November 7, 2014 text communication is attached hereto as Exhibit G; see also Exhibit F.
Defendant Escobar directed the investigator to meet him later that day at Pollo Regio located near
the corner of 2738 W. Davis Street, Dallas, Texas, which is a residential apartment building
associated with Defendant Escobar. See Exhibit G.
Upon arrival, the investigator witnessed
Defendant Escobar walk from the neighboring apartment complex to the meeting location.
Defendant Escobar sold the investigator a new Sprint Galaxy S4 handset for cash and told the
investigator that he has more Sprint Phones for sale, including iPhones.
55.
Sprint researched the origin of this Phone and determined that it too was obtained
on the fraudulently opened account of another local business.

56.
In one attempt at upgrade fraud that was successfully thwarted by Sprint, on
February 10, 2014, Defendant Rodriguez entered a Dallas Wal-Mart and approached an employee
stating that he wanted his Sprint upgrade like [he] did last time. Fortunately, the employee was
aware of the scam and told Defendant Rodriguez that the store was contacted by Sprint and
instructed not to sell Defendants any more phones. An undercover investigator for Sprint followed
Defendant into the store and witnessed the conversation.
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57.
To date, Sprint has identified that Defendants have fraudulently activated at least
55 business accounts, which they used to illegally obtain at least 399 new Sprint Phones, resulting
in damages far in excess of $200,000 in presently identifiable equipment losses to Sprint. This
number does not include associated losses such as damage to Sprints reputation and business
relationships, lost customers, and other lost investment costs. In addition, Defendants are utilizing
at least 67 ghost phones to perpetrate their scam, which also constitute loses to Sprint as they will
never be eligible to be sold to a consumer or activated on the Sprint network. Upon information
and belief, once the full scope of Defendants fraud activities are known, the actual numbers will
be significantly higher. Notably, Defendants fraud activities are continuing unabated.
58.
Defendants Scheme is causing significant damage to Sprint. In addition to the
damage caused as result of the numerous fraudulently opened business accounts and the stolen
equipment, Sprint has suffered damages to the Sprints Marks and business reputation.
59.
Upon information and belief, this is only a portion of the fraud and illicit activity
that Defendants and their co-conspirators are committing against Sprint, its authorized dealers, and
unwitting local businesses. As the equipment orders and upgrades are unauthorized (because the
accounts are entirely fraudulent), in addition to the damage Sprint sustains as a result of having
subsidized Products carrying Sprint Marks trafficked by Defendants in violation of Sprints rights,
for these stolen phones, Sprint never receives any payment. Additionally, Sprints authorized
retailers and dealers are also being defrauded out of valuable inventory of Sprint Phones through
Defendants fraudulent upgrading.
SUBSTANTIAL HARM CAUSED BY DEFENDANTS MISCONDUCT
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60.
Defendants actions substantially harm Sprint in several ways, including inter alia:
(1) Sprint is deprived of the opportunity to recoup its substantial investment in Sprint Phones; (2)
Sprint is deprived of the opportunity to earn profits by providing wireless service to legitimate
Sprint consumers; (3) Sprint is hampered in its ability to migrate its customers from older to newer
technology through legitimate timely upgrades, which negatively impacts the efficiency of Sprints
wireless network speed; (4) Sprints brand, image and reputation are harmed by the inability to
timely remove old Phone models from circulation through legitimate upgrades; (5) Defendants
actions seriously and irreparably interfere with Sprints relationships with its customers, its
authorized retailers, dealers, and the business community; and (6) Defendants infringement of the
Sprint name and Marks causes significant ongoing and irreparable losses and harm to Sprints
brand, image, and reputation. All of these factors undermine Sprints competitive edge in the
cellular phone industry.
61.
The conduct of Defendants, their unknown co-conspirators, and others who engage
in the unlawful acquisition and resale of new Sprint Phones has also resulted in shortages of
available Sprint Phones, particularly the most in-demand models This misconduct substantially
harms Sprint and its relationship with dealers, retailers and consumers because Sprint is not able
to supply sufficient handsets to satisfy the demand from legitimate consumers who, as a result, go
elsewhere for their telecommunications services.
62.
Sprint suffers additional, irreparable harm when its Phones are removed from the
original packaging and altered because Sprint is deprived of the means to control the quality of its
product. This becomes especially damaging where a potential legitimate Sprint customer within the
United States acquires a Phone from Defendants, such as through eBay or craigslist, that the
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customer believes is a genuine Sprint Phone, with all of the attendant benefits and is later
disappointed in Sprint because the Phone does not work as intended on the Sprint network because
it has been denominated a Bad ESN Phone or otherwise. Furthermore, the process of unlocking and
reselling a Sprint Phone voids the manufacturers warranty on the device. The unlocked repackaged
Sprint Phones are usually resold without the original manufacturers warranty documentation. Both
consumers and Sprint are harmed when a Sprint Phone that has been altered or sold by Defendants
or their co-conspirators is submitted for warranty repair. Consumers who purchase Sprint Phones
from Defendants or their co-conspirators are unable to obtain warranty service in the event they
experience problems with their Phones. As a result, Sprints reputation suffers further.
63.
Additionally, confused customers, relying on Defendants false affirmations that
they are associated with Sprint as well as the Sprint Marks on the Phones they purchased from
Defendants, look to Sprint to resolve their questions. Further, irate customers who were defrauded
by Defendants posing as Sprint employees, contact Sprint for relief. Sprint incurs substantial costs
associated with calls to its customer relations and fraud department to resolve the multitude of
issues created by Defendants.
64.
Sprints reputation is further damaged by its inability to assist those consumers who
buy Sprint Phones from Defendants, because despite bearing the Sprint Marks, they are no longer
valid Sprint Phones because the actions of Defendants and their co-conspirators voided the
warranties and as Bad ESN phones, they cannot be activated on the Sprint network. Further, Sprint
has spent significant time and effort, and the associated cost, for remedying Defendants fraudulent
actions within the Sprint system and attempting to resolve issues on accounts that were affected
by Defendants fraud.
20
65.
Defendants conduct has resulted in the dilution of the Sprint Marks; substantial
harm to Sprints business reputation and goodwill; a greater likelihood of confusion, mistake, and
deception as to the source of origin of Sprint products unlawfully sold by the Defendants and
confusion as to what if any relationship exists between Sprint and Defendants.
66.
On information and belief, Defendants and their co-conspirators are also engaging in
various schemes that usurp legitimate customer upgrades by, inter alia, fraudulently requesting
subsidized handset upgrades on legitimate Sprint customer accounts and retaining the new devices
while the consumers are left with an outdated device.
The practice of stealing upgrade Phones
misappropriates Sprints investment in the new Phone, intended for the customer, and hinders
Sprints objective of regularly migrating customers to newer devices that work more effectively on
Sprints updated networks. This migration cannot occur when older devices remain in consumer
circulation longer than intended. Defendants conduct causes harm to Sprints reputation with its
customers, whose devices no longer work as effectively on Sprints network and other customers,
who were defrauded out of their subsidized Phone upgrade, no longer have the ability to upgrade
their phone if it breaks, and may blame Sprint and leave for another service provider.
67.
Defendants Scheme also violates numerous state and federal identity theft,
password-trafficking, and anti-phishing laws, including 18 U.S.C. 1028(a)(7) (fraudulent

transmission of identification information); 18 U.S.C. 1029 (fraud in connection with access
devices); 18 U.S.C. 1030 (fraud by computer); 18 U.S.C. 1341 (fraud by mail) and 18 U.S.C.
1343 (fraud by wire); and 18 U.S.C. 1346 (scheme to defraud), as well as the Telephone
Records and Privacy Protection Act of 2006, 18 U.S.C. 1039 (TRAPPA), which prohibits
pretexting and other unauthorized access of telecommunications carriers records. Specifically,
21
TRAPPA criminalizes, among other things: (a) making false or fraudulent statements or
representations to an employee or a customer of a telecommunications carrier; (b) accessing a
telecommunications customers account without authorization; (c) the unauthorized sale or
transfer of customer records or information; and (d) the unauthorized purchase or receipt of
customer records and information. As discussed above, Defendants conspiracy involves precisely
this type of criminal conduct.
CIVIL LITIGATION AGAINST OTHER PHONE TRAFFICKERS
68.
Federal courts have recognized that conduct similar to Defendants conduct is
unlawful.
69.
In addition to Sprint, T-Mobile USA, Inc. (T-Mobile), TracFone Wireless, Inc.
(TracFone), Nokia Corporation (Nokia), and AT&T Mobility LLC (AT&T) have each filed
multiple lawsuits in numerous federal courts across the country against other traffickers engaged in
the practice of defrauding legitimate consumers by acquiring large quantities of wireless telephones
and reselling them for profit. Each of those companies has succeeded in obtaining Final Judgments
and Permanent Injunctions. Copies of several examples of Final Judgments and Permanent
Injunctions are attached hereto as Composite Exhibit H. A defendant in one case who continued
trafficking in phones in violation of an injunction issued by the U.S. District Court for the Southern
District of Texas was charged with criminal contempt of court and sentenced to serve 57 months in
prison. Copies of the Memorandum Opinion and Order of Contempt, Application for Criminal
Contempt, the Order finding cause to believe the defendant is guilty of criminal contempt, and
Judgment of Criminal Contempt are attached hereto as Composite Exhibit I.
CRIMINAL INVESTIGATION AND PROSECUTION
OF OTHER PHONE TRAFFICKERS
22
70.
Phone traffickers like Defendants have been the subject of numerous criminal
investigations and prosecutions across the country. Some examples include:

a.
In August 2014, the United States Attorney for the District of Minnesota announced
the indictment of 20 individuals engaged in the illegal acquisition and resale of tens
of thousands of Smartphones to the black markets of the Middle East and China. A
joint task force comprised of the U.S. Secret Service, the Minnesota Financial
Crimes Task Force, and the St. Paul Police Department investigated and then
apprehended members of the Mustafa Organization, who had been using runners,
engaged in contract and subscription fraud, and robbery to acquire large quantities
of subsidized phones for overseas resale.
b.
In March, 2013 the California Attorney General charged two individuals with
trafficking nearly $4M in wireless phones to Hong Kong over an 8 month period.
c.
On August 21, 2012, federal Homeland Security agents and SWAT teams
conducted a raid on facilities operated by handset trafficker Ace Wholesale and on
the home of the companys CEO, Jason Floarea. Later the same day, Sprint filed
suit in federal court against Ace Wholesale, Floarea, and several affiliated entities
and persons asserting handset trafficking claims similar to those asserted here. On
October 16, 2014, Mr. Floarea, pled guilty to Interstate Transportation of Stolen
Property, in part in connection with trafficking Sprint Phones.
d.
On or about February 25, 2013, federal law enforcement authorities, including

agents from the Federal Bureau of Investigation, the United States Secret Service,
and the Bureau of Alcohol, Tobacco, Firearms and Explosives, raided a warehouse
23
belonging to a phone trafficking company called Wireless Buybacks in Elkridge,

Maryland, pursuant to a search warrant and found the facilities were being used to
harbor stolen Sprint Phones. Sprint filed suit against Wireless Buybacks and its
affiliates the following day.
e.
An FBI sting operation in Philadelphia that began with wireless phone trafficking
resulted in the conviction of 16 individuals on terrorism charges, when it turned out
that the proceeds from their phone trafficking and other illegal conduct was being
funneled to the terrorist organization Hezbollah.
Copies of court documents, press releases, and news reports regarding these incidents are attached
hereto as Composite Exhibit J.
COUNT ONE
UNFAIR COMPETITION
71.
Sprint reasserts the allegations set forth in Paragraphs 1 through 67 above as though
fully set forth herein.

72.
Defendants conduct in acquiring and/or inducing others to acquire the Phones,
disabling or unlocking, inducing others to disable or unlock, and/or assisting others to disable or unlock
the Phones, and reselling and/or assisting others to resell the Phones as new for activation on other
wireless networks constitutes unfair competition under the common law of the State of Texas.
73.
Defendants conduct in selling, inducing others to sell, and/or assisting others to
sell unlocked Sprint Phones undermines Sprints subsidized incentive program and constitutes
unfair competition under the common law of the State of Texas.
24
74.
Defendants use of at least one of the Sprint Marks in connection with the sale of
unlocked, counterfeit Sprint Phones has caused, and will further cause, a likelihood of confusion,
mistake and deception as to the source of origin of Defendants counterfeit products and services,
and the relationship between Sprint and Defendants. Thus, Defendants have also engaged in unfair
competition with Sprint in violation of the common law of the State of Texas by selling and/or
offering, and promoting his products with the intention of trading upon the goodwill established
by Sprint and are thereby misappropriating the benefits of substantial effort and money expended
by Sprint in establishing its rights in and to the Sprint Marks.
75.
Defendants actions were done in bad faith; they were intentional, malicious, and
willful, and have caused substantial harm to Sprint.

76.
Sprint is entitled to appropriate relief, including injunctive relief.

COUNT TWO
TORTIOUS INTERFERENCE
WITH BUSINESS RELATIONS
77.

78.
A business relationship, and an expectancy of business relationships, exists
between Sprint and authorized dealers of Sprint Phones.

79.
between Sprint and authorized retailers of Sprint Phones.

80.
between Sprint and current and prospective Sprint customers, including business customers.
25
81.
There is a high probability of future economic benefit to Sprint as a result of these
current and prospective business relationships.

82.
Defendants have knowledge of and have intentionally and unjustifiably interfered
with, and/or have knowingly facilitated a conspiracy to interfere with, these current and
prospective business relationships between Sprint, authorized dealers and retailers who sell Sprint
products, and legitimate Sprint customers or prospective customers.
83.
Specifically, but without limitation, Defendants knew that Sprint has business
relationships, and an expectancy of business relationships, with legitimate consumers of Sprint

Phones and wireless service. Defendants interfered with these relationships by engaging in the
Handset Theft and Trafficking Scheme and causing, at least in part, Sprint to have an insufficient
supply of Sprint Phones available to meet legitimate consumer demand.
84.
Defendants also knew that Sprint has business relationships with authorized dealers
and retailers of Sprint Phones to provide said dealers with sufficient quantities of Sprint Phones
for their legitimate consumers use exclusively on Sprints wireless network. Defendants Handset
Theft and Trafficking Scheme has resulted in substantial numbers of Sprint Phones that are never
activated on Sprint service and has further caused shortages of available Sprint Phones, thereby
substantially harming Sprint and its relationship with its authorized dealers and retailers because
Sprint is unable to supply dealers with sufficient Phones to satisfy the demands from legitimate
consumers.
85.
Defendants also knew that Sprint has business relationships with legitimate Sprint
customers to provide them with Phones and service on the Sprint network.
26
86.
Defendants are intentionally interfering with Sprints business relationships and
prospective advantages through improper means and in violation of the law.

87.
Defendants engaged in the acts of interference set forth herein with a conscious
desire to prevent the relationships from occurring or continuing, or Defendants knew that the
interference was certain or substantially certain to occur as a result of their conduct.
88.
Defendants acts injured Sprints business relationships.
89.
Sprint has been proximately damaged and continues to be damaged as a result of
Defendants interference.
90.
There is no adequate remedy at law to fully compensate Sprint for the harm caused
by Defendants tortious interference.

COUNT THREE
TORTIOUS INTERFERENCE WITH CONTRACTUAL RELATIONS
91.

92.
A contractual relationship exists between Sprint and authorized dealers and retailers
of Sprint Phones.
93.
A contractual relationship exists between Sprint and its customers, the purchasers
of its Sprint Phones and wireless service.

94.
Defendants have knowledge of and have intentionally and unjustifiably interfered
with, and/or have knowingly facilitated a conspiracy to interfere with, these contracts between
Sprint, and its authorized dealers and retailers and legitimate Sprint customers.
27
95.
Specifically, but without limitation, Defendants knew that Sprint has contractual
relationships with legitimate consumers of Sprint Phones and wireless service. Defendants
interfered with these relationships by, inter alia, inducing the Runners and Credit Mules or other
purchasers of Sprint products to breach their contracts with Sprint.
96.
Defendants also knew that Sprint has contractual relationships with authorized
dealers and retailers of Sprint Phones under which these dealers and retailers will promote and sell
Sprint products solely for activation on the Sprint network. On information and belief, Defendants
and/or their co-conspirators induce authorized Sprint dealers and retailers to breach their
agreements with Sprint and provide new Sprint Phones to Defendants for a purpose other than
activation on the Sprint network and at a financial loss to Sprint. Defendants further interfere with
the relationship between Sprint and its authorized dealers and retailers by posing as employees of
the legitimate dealers and retailers and then opening fraudulent, unauthorized business accounts
and stealing from Sprint.
97.
Defendants engaged in the acts of interference set forth herein with a conscious
desire to induce breach of contract, or Defendants knew that breach of contract was certain or
substantially certain to occur as a result of his conduct.
98.
Sprint has been proximately damaged and continues to be damaged as a result of
Defendants interference.
99.
by Defendants tortious interference.
28
COUNT FOUR
CIVIL CONSPIRACY
100.
Sprint reasserts the allegations set forth in Paragraphs 1-67, 72-76, 78-90, 92-99
above and Paragraphs 105-109, 133-136, 111-119, 121-137, 139-156, 158-174, 176-183, 185-196,
198-203 below, as though fully set forth herein.
101.
An agreement and conspiracy existed and continues to exist between and among
Defendants and other co-conspirators to defraud Sprint, its authorized dealers and retailers, and
unwitting local businesses out of Products and Services, and to unlawfully acquire, traffic, and
resell unlawfully unlocked and altered Sprint Phones under at least one of the Sprint Marks, which
results in federal common law and statutory trademark infringement, common law unfair
competition, contributory trademark infringement, tortious interference with business and
contractual relations and prospective economic advantage, common law fraud, fraudulent
misrepresentation, unjust enrichment, and violations of the Computer Fraud and Abuse Act, among
other things.
102.
Each Defendant knowingly agreed to engage, and did engage, in one or more overt
acts in pursuit of the conspiracy as set forth with more particularity in this Complaint.
103.
Sprint has been proximately damaged by the conspiracy and Defendants actions in
furtherance thereof.
104.
by Defendants conspiracy.
29
COUNT FIVE
UNJUST ENRICHMENT
105.

106.
By fraudulently acquiring new Sprint Phones through outright theft and at less than
the manufacturer cost of the Phones for use on wireless networks other than Sprints network,
Defendants have obtained benefits from Sprint which has caused significant harm to Sprint and
resulted in significant financial gain to Defendants through their resale of the acquired Sprint
Phones.
107.
Defendants have fraudulently acquired the benefits voluntarily and with full
knowledge of the benefits.

108.
Defendants have retained the benefits under such circumstances that make it unjust
and inequitable for Defendants to retain the benefits without paying Sprint the value of the benefits
Defendants acquired.
109.
by Defendants unjust enrichment.

COUNT SIX
COMMON LAW FRAUD AND FRAUDULENT MISREPRESENTATION
110.

111.
As part of the Handset Theft and Trafficking Scheme, each of the Defendants,
directly or indirectly through other co-conspirators, regularly and systematically misrepresent and
30
make fraudulent statements to Sprint that he is an employee of a Sprint authorized retailer or dealer
and/or he is a legitimate business owner wanting to open a new Sprint business account and
activate service thereon, that the Phones are being acquired by a legitimate account holder and for
a legitimate purpose, that the Phones will be used by legitimate consumers on Sprints wireless
network, that the purchases are authorized by the Sprint account holder, and that they will perform
in accordance with the Terms and Conditions.
112.
On information and belief, each Defendant participated in defrauding Sprint, its
authorized retailers and dealers, and local businesses to acquire Sprint products for resale,
including primarily new iPhones and Galaxy devices as identified in the investigation, for
unlocking, resale and ultimately for shipping overseasthe primary market for stolen Phones.
113.
Defendants knowingly and intentionally misrepresent themselves as employees of
Sprint authorized retailers and dealers and as legitimate Sprint business account holders for the
purpose of inducing Sprint to rely on these gross misrepresentations to fraudulently obtain Sprint
Products and Services which they know were not authorized and will not be used in accordance
with the Terms and Conditions.
114.
When Defendants, directly or through their co-conspirators acquire Sprint Phones
as part of the Handset Theft and Trafficking Scheme, they know they do not have authority to
access and order Sprint Products on the fraudulently activated Sprint accounts, do not intend to
use the Phones for a legitimate purpose or to activate them or maintain them as active on Sprints
wireless network, or otherwise perform in accordance with the Terms and Conditions.
115.
Defendants and their co-conspirators know that they are not authorized to order
Sprint Products and Services on the fraudulently activated accounts and that they are required to
31
activate for use the Sprint Phones on the Sprint wireless network, pay the monthly service charges,
and otherwise comply with the Terms and Conditions.
116.
Defendants intended for Sprint to rely on their misrepresentations, and/or the
misrepresentations of their co-conspirators, including account security information that they

provide to, inter alia, Sprint Business Credit Department and Sprint National Sales Support, to
allow Defendants to obtain credit authorizations, activate business accounts and acquire and
unlock the Phones for improper purposes.
117.
Sprints reliance on the misrepresentations of Defendants and their co-conspirators
is reasonable under the circumstances.

118.
Sprint has been damaged and continues to suffer damages as a result of Defendants
actions.
119.
by Defendants fraud.
COUNT SEVEN
TRAFFICKING IN COMPUTER PASSWORDS
18 U.S.C. 1030(a)(6)
120.

121.
The Sprint Phones that are trafficked by Defendants are loaded with confidential
codes/passwords that access: (a) Sprints national telecommunications computer network to make and
receive wireless voice calls and to transmit data, and (b) Sprints computer billing network
(collectively, Sprints protected computer networks). As such, the Phones act as a gateway to
Sprints protected computer networks. Sprint restricts access to these protected computer networks
32
through, among other things, the confidential codes/passwords contained in the Phones and the
confidential codes and security PINs protecting Sprint accounts as well as specific secure codes
identifying its authorized retailers/dealers (security codes).
122.
Through their Handset Theft and Trafficking Scheme, Defendants are knowingly
trafficking in the confidential codes contained in the Phones and the associated security codes with
the intent to defraud Sprint.
123.
Defendants use of fraud and misrepresentation to acquire the security codes and
encoded Phones from Sprint voids the purchase agreement and any legitimate access to Sprints
computer networks. As such, Defendants access into Sprints protected computer networks is not
authorized in any way.
124.
Upon information and belief, once Defendants illicitly acquire the Sprint Phones,
they use Sprints confidential codes/passwords to gain additional access to Sprints protected
computer networks. This additional access into Sprints protected computer networks is not
authorized in any way.
Upon information and belief, Defendants share these confidential
codes/passwords and methodologies for unlocking Sprint Phones among themselves and with their
co-conspirators.
125.
Upon information and belief, Defendants acquire unlocking codes/passwords and
methodologies for unlocking Sprint Phones by misrepresenting to Sprint, either directly or through
one of their co-conspirators, that the Phones are being acquired and unlocked for a legitimate
purpose for use by legitimate consumers on Sprints computer networks, when in fact, they are
not.
33
126.
Upon information and belief, Defendants unlawfully access Sprints protected
computer networks using Sprints confidential codes/passwords to: (1) add or make changes to
unauthorized customer accounts; (2) place unauthorized orders for equipment and service; (3) perform
various tests to confirm that the Phone they are purchasing is, in fact, active on Sprints wireless
network; and/or (4) unlock the Sprint Phone, which requires the manipulation and oftentimes
permanent deletion of the proprietary software that is installed in Sprint Phones and unauthorized
changes to Sprints protected computer networks, so that the Sprint Phone will operate on a wireless
network other than Sprints.
127.
Through the Handset Theft and Trafficking Scheme, Defendants are knowingly
trafficking in the confidential codes/passwords contained in the Phones and security codes with
the intent to defraud and harm Sprint.
128.
Defendants transfer of the Phones and confidential codes to others constitutes
trafficking of the codes as defined in 18 U.S.C. 1029 in that the codes/passwords were transferred,
or otherwise disposed of, to others, or Defendants obtained control of the codes/passwords with intent
to transfer or dispose of them.
129.
Defendants trafficking of the Phones substantially affects interstate commerce and
communication in that the codes/passwords contained in the Phones are trafficked over the
internet, throughout the United States, and around the world, and Sprints protected computer
networks are used in and affect interstate commerce and communication, and provide wireless
communications services pursuant to licenses issued by the Federal Communications Commission.
34
130.
Defendants trafficking of Sprints codes/passwords has caused and will continue to
cause Sprint to suffer injury, with damages and losses as those terms are defined in Sections
1030(e)(8) and 1030(e)(11), respectively -- substantially in excess of $5,000 over a one-year period.
131.
With respect to loss, Sprint has spent well in excess of $5,000 over a one-year
period assessing its hacked protected computer networks for damage and taking steps to upgrade
Sprints protected computer networks defenses to prevent future unauthorized access by
Defendants and/or their co-conspirators.
132.
Also with respect to loss, Sprint has lost its investment in the Phones and spent well
in excess of $5,000 responding to Defendants contacts with Sprint customer service, investigating
Defendants intrusions into Sprints protected computer networks, assessing the possible
impairment to the integrity of its protected computer networks, taking action to counteract
Defendants theft, and conducting a damage assessment regarding Defendants collection and
dissemination of Sprint Phones and security codes, as well as tracking down fraudulently sold
Phones.
133.
Moreover, with respect to loss, Sprint has spent well in excess of $5,000 over a
one-year period in costs to discover Defendants identities and/or the methods by which
Defendants access Sprints protected computer networks without authorization.
134.
With
respect
to
damage,
by
infiltrating
the
Sprint
computer
and
telecommunications network and collecting and disseminating the illegally activated Phones and
codes/passwords, Defendants have substantially impaired the integrity of Sprints protected
computer networks in an amount in excess of $5,000. Moreover, Defendants actions have
deprived Sprint of the means to control the quality of its product and services.
35
135.
Defendants activities constitute trafficking in computer passwords in violation of
the Computer Fraud and Abuse Act, 18 U.S.C. 1030(a)(6).

136.
Defendants conduct is intentional, malicious and willful.
137.
Pursuant to 18 U.S.C. 1030(g), Sprint is entitled to maintain this civil action
against Defendants to obtain compensatory damages and injunctive and other equitable relief for
the reasons identified above, and because Defendants conduct involves at least one of the factors
identified in 18 U.S.C 1030(c)(4)(A)(i), including the factor set forth in subclause (I): the loss to
Sprint as a result of Defendants conduct during any one year period aggregated at least $5,000 in
value.
COUNT EIGHT
UNAUTHORIZED ACCESS
18 U.S.C. 1030(a)(5)(C)
138.

139.
The Sprint Phones that are acquired by the Defendants, directly and from their co-
conspirators in furtherance of the Handset Theft and Trafficking Scheme, are loaded with
codes/passwords that access: (a) Sprints national telecommunications computer network to make
and receive wireless voice calls and to transmit data, and (b) Sprints computer billing network
(collectively, Sprints protected computer networks). Moreover, Sprint protects its customer
accounts and its proprietary computer system by requiring personal identifying information, such
as PIN numbers, passwords, and/or social security or other information to make changes or place
orders on customers accounts as well as specific secure codes identifying its authorized
retailers/dealers (security codes).
36
140.
Sprints proprietary computer system holds confidential information and provides
access to Sprint customer accounts. It is connected to the internet, and assists in providing
federally-regulated telecommunications services.
Sprints computer systems are protected
computers as that term is defined in Section 1030(e)(2)(B) of the Computer Fraud and Abuse Act
because they are used in interstate commerce and communications.
141.
Through fraudulent means, Defendants and their co-conspirators improperly obtain
the identifying security information necessary to create, access, place orders, and make changes to
Sprint accounts.
142.
Defendants knowingly and with the intent to defraud, cause Sprint to access its
proprietary computer systems. Defendants were not authorized to do so.

143.
Further, by illicitly acquiring and unlocking the Phones, Defendants necessarily
access the Sprint protected computer networks because the Phones are connected to those networks
when acquired from Sprint.
144.
Defendants use fraud and misrepresentation to acquire the Phones from Sprint, and,
as such, Defendants access of Sprints protected computer networks is not authorized in any way.
145.
Upon information and belief, when Defendants acquire a Sprint Phone from
Runners/Mules acting on their behalf, Defendants carefully examine the Phone, turn it on, and
perform various tests to confirm that the Phone they are purchasing is, in fact, active on Sprints
wireless network and that the various electronic code numbers and access numbers loaded on the
Phone are correct. This too constitutes unauthorized access of Sprints protected computer
networks via a password obtained through fraud and misrepresentation.
37
146.
By trafficking in activated Sprint Phones, the Defendants are also knowingly,
intentionally, and with the intent to defraud, facilitating the unauthorized access of Sprints
protected computer networks.
147.
Defendants illegal and unauthorized access of Sprints protected computer systems
allows them to improperly steal Sprints investment in its Phones.

148.
Through this improper access, Defendants knowingly cause Sprint to make add or
changes to customer accounts that Sprint would not otherwise make, such as adding additional phone
lines, swapping telephone numbers, or placing orders for equipment.
149.
Defendants activities substantially affect interstate commerce and communication
in that the Phones are trafficked over the internet, throughout the United States, and around the
world, and Sprints computer system and telecommunications network are used in and affect
interstate commerce and communication, and provide wireless communications services pursuant
to licenses issued by the Federal Communications Commission.
150.
Defendants unauthorized access of Sprints protected computer systems has caused
and will continue to cause Sprint to suffer injury, with damages and losses as those terms are
defined in Sections 1030(e)(8) and 1030(e)(11), respectively -- substantially in excess of $5,000
over a one-year period.
151.
With respect to loss, Sprint has lost its investments in the stolen Phones and security
codes and spent well in excess of $5,000 investigating and assessing the possible impairment to
the integrity of its protected computer systems, taking remedial action to counteract Defendants
intrusions, and conducting a damage assessment regarding Defendants additions and changes to
38
illegitimate customer accounts and collection and dissemination of Sprint Phones, as well as
tracking down fraudulently sold Phones and attempting to resolve customer disputes.
152.
one-year period in costs to discover Defendants identity and/or the method by which Defendants
accessed Sprints protected computer networks without authorization.
153.
With respect to damage, by infiltrating the Sprint computers systems and collecting
and disseminating the illegally trafficked Phones and security codes, Defendants have substantially
impaired the integrity of Sprints systems in an amount in excess of $5,000.
Moreover,
Defendants actions have deprived Sprint of the means to control the quality of its product and
service, and have stolen Sprints financial investment in its Phones.
154.
Defendants activities constitute unauthorized access in violation of the Computer
Fraud and Abuse Act, 18 U.S.C. 1030(a)(5)(C).

155.
Defendants conduct is intentional, malicious and willful.
156.
against Defendants to obtain compensatory damages and injunctive and other equitable relief
because of the reasons identified above, and because Defendants conduct involves at least one of
the factors identified in 18 U.S.C 1030(c)(4)(A)(i), including the factor set forth in subclause (I):
the loss to Sprint as a result of Defendants conduct during any one year period aggregated at least
$5,000 in value.
39
COUNT NINE
UNAUTHORIZED ACCESS WITH INTENT TO DEFRAUD
18 U.S.C. 1030(a)(4)
157.

158.
Sprint protects access to its proprietary computer system, by requiring personal
identifying information, such as PIN numbers, passwords and/or social security numbers, to make
changes to its customers accounts as well as specific secure codes identifying its authorized
retailers/dealers who are permitted to open new accounts and place orders for lines of service or Sprint
equipment.
159.
Sprints proprietary computer system stores confidential information.
It is
connected to the internet, and assists in providing federally-regulated telecommunications

services. Sprints computer systems are protected computers as that term is defined in Section
1030(e)(2)(B) of the Computer Fraud and Abuse Act because they are used in interstate commerce
and communications.
160.
Through fraudulent means, Defendants and their co-conspirators improperly obtain
the secure codes of authorized Sprint retailers and dealers necessary to access and add or make
changes to Sprint accounts.
161.
Using these improperly obtained pass-codes, Defendants knowingly and with the
intent to defraud, cause Sprint to access its proprietary computer systems and create fraudulent
Sprint accounts. Defendants are not authorized to do so. Defendants conduct also exceeds
authorized access, as defined by Section 1030(e)(6) of the Computer Fraud and Abuse Act, in that
Defendants access Sprints proprietary computer systems and Sprint accounts by misrepresenting
40
that they are authorized to access such systems, and Defendants use such access to create and alter
customer accounts, change access, and place orders for Sprint products in the Sprint computer
system (which they were not entitled to alter or obtain).
162.
Sprints proprietary computer systems are protected computers as that term is
defined in Section 1030(e)(2)(B) of the Computer Fraud and Abuse Act because they are used in
interstate commerce and communications.
163.
Through this improper access, Defendants knowingly further their fraudulent Handset
Theft and Trafficking Scheme and cause Sprint to create and make changes to fraudulent customer
accounts that Sprint would not otherwise make, such as adding lines of service and ordering equipment.
164.
By means of the above-described conduct, Defendants further their fraudulent
Handset Theft and Trafficking Scheme, to obtain handsets, service, and other benefits with
significant value for their profit and to the detriment of Sprint.
165.
Defendants activities substantially affect interstate commerce and communication
in that the stolen Phones and improperly accessed accounts and proprietary computer systems are
all used in and affect interstate commerce and communication.
166.
Defendants unauthorized access of Sprints computer systems has caused and will
continue to cause Sprint to suffer injury, with damages and losses as those terms are defined
in Sections 1030(e)(8) and 1030(e)(11), respectively -- substantially in excess of $5,000 over a
one-year period.
167.
With respect to loss, Sprint has spent well in excess of $5,000 over a one-year
period assessing its hacked protected computer networks for damage and taking steps to upgrade
41
Sprints protected computer networks defenses to prevent future unauthorized access by

Defendants and/or their co-conspirators.
168.
In addition, with respect to loss, Sprint has spent well in excess of $5,000 over a
one-year period identifying the impairment of or damage to Sprints protected computer networks
that Defendants and/or their co-conspirators accessed with authorization.
169.
Further, with respect to loss, Sprint has spent well in excess of $5,000 over a one-
year period in costs associated with investigating Defendants and/or their co-conspirators
intrusions into Sprints protected computer networks and taking subsequent remedial measures.
170.
one-year period in costs in order to discover Defendants identity and/or the method by which
Defendants accessed Sprints protected computer networks without authorization.
171.
With respect to damage, by infiltrating the Sprint computer network and stealing
service and equipment, and disseminating illegally obtained Phones, Defendants have substantially
impaired the integrity of Sprints systems in an amount in excess of $5,000.
Moreover,
Defendants actions have deprived Sprint of the opportunity to control the quality of its products
and service, as well as to earn revenue from legitimate customers, and to recoup Sprints
investment in the Phones stolen by Defendants.
172.
Defendants activities constitute unauthorized access in violation of the Computer
Fraud and Abuse Act, 18 U.S.C. 1030(a)(4).

173.
Defendants conduct is intentional, fraudulent, malicious and willful.
174.
against Defendants to obtain compensatory damages and injunctive and other equitable relief
42
because of the reasons identified above, and because Defendants conduct involves at least one of
the factors identified in 18 U.S.C 1030(c)(4)(A)(i), including the factor set forth in subclause (I):
the loss to Sprint as a result of Defendants conduct during any one year period aggregated is at
least $5,000 in value.
COUNT TEN
FEDERAL TRADEMARK INFRINGEMENT
15 U.S.C. 1114 [ 32(1) of the Lanham Act]
175.

176.
Defendants and/or their co-conspirators aforementioned conduct constitutes use of
certain federally-registered Sprint Communications Marks without authorization in connection with

their conspiracy to sell and offer for sale unlocked, counterfeit Sprint Phones, which downstream
customers will discover have been altered from their original state and do not include the warranties,
accessories, manuals and related items that constitute part of the Sprint Phone package.
177.
Defendants and/or their co-conspirators use of certain federally-registered Sprint
Communications Marks in connection with the sale of Sprint Phones has caused, and will further
cause, a likelihood of confusion, mistake and deception as to the source of origin of Defendants
infringing products, and the relationship between Sprint Communications and Defendants.
178.
Defendants and/or their co-conspirators unauthorized use of certain federally-
registered Sprint Communications Marks in connection with their fraudulent enterprise to steal
from Sprint and its customers is likely to continue in the future, all to the great and irreparable
damage to the business, reputation, and goodwill of Sprint Communications.
43
179.
Communications Marks in connection with the unlocked, counterfeit Sprint Phones, which do not
include warranties, manuals, accessories and related items made part of the Sprint Phone package,
and have been flagged as Bad ESN Phones and not able to be activated on the Sprint network,
constitutes a misappropriation of Sprint Communications distinguishing and identifying
federally-registered trademarks that were created as a result of significant effort and expense by
Sprint Communications over a long period of time.
180.
Communications Marks evokes an immediate, favorable impression or association and constitutes

a false representation that the products and business of Defendants have some connection,
association or affiliation with Sprint Communications, and is likely to mislead the trade and public
into believing that Defendants products and services originate from, are affiliated with, or are
sponsored, authorized, approved or sanctioned by Sprint Communications.
181.
In committing the foregoing acts in commerce, Defendants, who fraudulently represent
themselves as Sprint employees, have damaged, and will continue to damage, Sprint Communications
and the reputation and goodwill of Sprint Communications, and have been unjustly enriched and will
continue to unjustly enrich themselves at the expense of Sprint Communications.
182.
Sprint Communications is without an adequate remedy at law to redress such acts,
and will be irreparably damaged unless Defendants are enjoined from committing and continuing
to commit such acts.
183.
Defendants aforesaid acts constitute willful infringement of Sprint Communications
aforementioned federally registered trademarks in violation of 15 U.S.C. 1114.

44
COUNT ELEVEN
FEDERAL COMMON LAW TRADEMARK INFRINGEMENT
AND FALSE ADVERTISING
15 U.S.C. 1125 (a)(1)(A) and (B) [ 43(a) of the Lanham Act]
184.

185.
Defendants and/or their co-conspirators aforementioned conduct constitutes use of at
least one of the Sprint Marks without authorization in connection with their conspiracy to sell and offer
for sale unlocked, counterfeit Sprint Phones, which downstream customers will discover have been
altered from their original state, are inoperable on the Sprint network, and do not include the warranties,
accessories, manuals and related items that constitute part of the Sprint Phone package.
186.
Defendants and/or their co-conspirators use of at least one of the Sprint Marks in
connection with the sale of unlocked, counterfeit Sprint Phones has caused, and will further cause,
a likelihood of confusion, mistake and deception as to the source of origin of Defendants
counterfeit products, and the relationship between Sprint and Defendants.
187.
Defendants and/or their co-conspirators unauthorized use of at least one of the
Sprint Marks in connection with their fraudulent enterprise to steal from Sprint and its customers
is likely to continue in the future, all to the great and irreparable damage to the business, reputation,
and goodwill of Sprint.
188.
Defendants and/or their co-conspirators use of at least one of the Sprint Marks in
connection with the unlocked, counterfeit Sprint Phones, which do not include warranties,
manuals, accessories and related items made part of the Sprint Phone package, and have been
flagged as Bad ESN Phones and not able to be activated on the Sprint network, constitutes a
45
misappropriation of at least one of the distinguishing and identifying Sprint Marks that was created
as a result of significant effort and expense.
189.
Defendants and/or their co-conspirators use of at least one of the Sprint Marks,
coupled with their false representations as Sprint employees, evokes an immediate, favorable
impression or association and constitutes a false representation that the products and business of
Defendants have some connection, association or affiliation with Sprint, and thus constitutes false
designation of origin and is likely to mislead the trade and public into believing that Defendants
products and services originate from, are affiliated with, or are sponsored, authorized, approved or
sanctioned by Sprint. Defendants are not connected, employed by, or otherwise affiliated in any
way with Sprint.
190.
Defendants, in committing the foregoing acts in commerce, have damaged, and will
continue to damage, Sprint and the reputation and goodwill of Sprint, and have been unjustly
enriched and will continue to unjustly enrich themselves at the expense of Sprint.
191.
Sprint is without an adequate remedy at law to redress such acts, and will be
irreparably damaged unless Defendants are enjoined from committing and continuing to commit
such acts.
192.
Defendants use of at least one of the Sprint Marks in commercial advertising or
promotion misrepresents the nature, characteristics, and/or qualities of their infringing products.
Defendants advertising and promotion is false or misleading. Defendants advertising and promotion
deceives or has the capacity to deceive consumers. The deception and misrepresentations have a
material effect on the purchasing decisions and affect interstate commerce.
46
193.
Defendants activities constitute false designation of origin, false descriptions and
representations, and false advertising in commerce in violation of 43(a) of the Lanham Act, 15
U.S.C. 1125(a)(1)(A) and (B).
194.
Sprint is entitled to appropriate relief as prayed for hereinafter, including
preliminary and permanent injunctive relief.

195.
Defendants knew or should have known that Plaintiffs are the owners and/or
authorized licensees of the Sprint Marks and that Defendants have no legal right to use any of the
Sprint Marks on their infringing products.
196.
Defendants are engaged in and continue to engage in the alleged activities
knowingly, willfully and deliberately, so as to justify the assessment of exemplary damages and
an award of Plaintiffs lost profits, Defendants profits, and Plaintiffs attorneys fees.
COUNT TWELVE
CONTRIBUTORY TRADEMARK INFRINGEMENT
197.

198.
By misappropriating and using at least one of the Sprint Marks in connection with
the Handset Trafficking Scheme, Defendants knowingly aided and enabled distributors and/or
sellers of their products to market them to members of the general public in a way that infringes at
least one of the Sprint Marks by placing in the hands of distributors and/or sellers an instrument
of consumer deception.
199.
Defendants unlawful, unauthorized, and unlicensed sale of the unlocked Sprint
Phones has contributed to the creation of express and implied misrepresentations that the Sprint
47
Phones, as sold by Defendants, who falsely represent themselves as Sprint employees, were
created, authorized or approved by Sprint, may be activated on the Sprint network, and include
warranties.
200.
Upon information and belief, Defendants conduct leads to post-sale confusion by
causing consumers who purchase Bad ESN Sprint Phones altered by Defendants to believe that
they are purchasing handsets approved by Sprint that can be activated on the Sprint network and
containing original warranties.
201.
Defendants conduct constitutes contributory infringement in violation of the
Trademark Act. Defendants conduct is intentional, malicious and willful.

202.
Sprint has been damaged and continues to suffer damages as a result of Defendants
actions.
203.
by Defendants actions.
COUNT THIRTEEN
CONVERSION
204.

205.
Defendants have and are engaged in acts of conversion in violation of the law of
the State of Texas.

206.
Sprint has the right to provide its Phones and wireless service to the public.
Defendants have no such privilege or right.
48
207.
Defendants knew or should have known that they obtained the Phones through
illegitimate means and had no legal right to advertise, use or resell them.
208.
Defendants are wrongfully interfering with Sprints rights by engaging in the
Handset Theft and Trafficking Scheme.

209.
Defendants intentionally and willfully exerted dominion and ownership over the
Sprint Phones.
210.
Defendants conversion of Sprints property has caused and continues to cause
Sprint to suffer irreparable injury, loss of reputation, and exemplary damages to be proved at trial.
Unless enjoined by this Court, Defendants will continue these acts, thereby causing Sprint further
immediate and irreparable damage.
COUNT FOURTEEN
INJURY TO BUSINESS OR REPUTATION; DILUTION OF TRADEMARKS
Tex. Bus. & Com. Code Ann. 16.103
211.

212.
Plaintiff Sprint Communications is the lawful owner of the Sprint trade name and
Sprint Marks, which are famous in the State of Texas.

213.
Defendants and/or their co-conspirators aforementioned conduct constitutes use
of federally-registered Sprint Marks without authorization in connection with their conspiracy to

sell and offer for sale unlocked, counterfeit Sprint Phones, which downstream customers will
discover have been altered from their original state and do not include the warranties, accessories,
manuals and related items that constitute part of the Sprint Phone package.
49
214.
Marks in connection with the sale of Sprint Phones and Sprint services has caused, and will further
cause, a likelihood of confusion, mistake and deception as to the source of origin of Defendants
infringing products, and the relationship between Sprint Communications and Defendants.
215.
Defendants and/or their co-conspirators unauthorized use of certain federally-
registered Sprint Marks has caused and will continue to cause dilution of the distinctive quality of
the Sprint Marks.
216.
Defendants, in committing the foregoing acts in commerce, have tarnished, and will
continue to tarnish, Sprint Communications and the reputation and goodwill of Sprint
Communications, and have been unjustly enriched and will continue to unjustly enrich themselves
at the expense of Sprint Communications.
217.
Sprint Communications is without an adequate remedy at law to redress such acts,
and will be irreparably damaged unless Defendants are enjoined from committing and continuing
to commit such acts.
218.
Defendants acts constitute willful trading on Sprint Communications federally-
registered trademarks and willful dilution of the famous Marks.

219.
by Defendants actions.
DEMAND FOR JURY TRIAL
Plaintiffs demand a trial by jury on all triable issues.
50
WHEREFORE, Plaintiffs, Sprint Solutions, Inc. and Sprint Communications Company

L.P., respectfully request that this Court enter final judgment and permanent injunctive relief in
favor of Plaintiffs and against Defendants, as follows:
(a) awarding Plaintiffs their compensatory, consequential, statutory and special
damages including, without limitation, their lost profits, Defendants profits,
loss of goodwill and damage to its reputation, as well as exemplary damages,
together with pre and post judgment interest, as provided by law;
(b) awarding Plaintiffs their reasonable attorneys fees and costs associated with
this action;
(c) granting permanent injunctive relief in favor of Plaintiffs and against
Defendants enjoining Defendants from engaging in the unlawful practices
described in this Complaint;
(d) requiring Defendants, pursuant to the Lanham Act, to deliver to Plaintiffs their
entire inventory of phones and products bearing or infringing the Sprint Marks
or a confusingly similar copy thereof; and
(e) granting such further relief as this Court deems just and proper.
Respectfully submitted this 14th day of January, 2015.
By: /s/April R. Terry

April R. Terry
ATTORNEY-IN-CHARGE
Federal Bar No. 24205
SBT: 00794248
Gray Reed & McGraw, P.C.
1601 Elm Street, Suite 4600
Dallas, Texas 75201
51
Phone: (469) 320-6130

Fax: (469) 320-6828
Email: aterry@grayreed.com
James B. Baldinger
Florida Bar No. 869899
Email: jbaldinger@CFJBLaw.com
Stacey K. Sutton
Florida Bar No. 0289530
Email: ssutton@CFJBLaw.com
To be admitted pro hac vice
CARLTON FIELDS JORDEN BURT, P.A.
525 Okeechobee Boulevard, Suite 1200
West Palm Beach, Florida 33401
Phone: (561) 659-7070
Fax: (561) 659-7368
Gail E. Podolsky
Georgia Bar No. 142021
Email: gpodolsky@CFJBLaw.com
To be admitted pro hac vice
CARLTON FIELDS JORDEN BURT, P.A.
One Atlantic Center
1201 West Peachtree Street, Suite 3000
Atlanta, Georgia 30309
Phone: (404) 815-2714
Fax: (404) 815-3415
Attorneys for Sprint Solutions, Inc. and
Sprint Communications Company L.P.
52

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

UNITED STATES DISTRICT COURT

Civil Action No: __________

COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Defendants and their co-conspirators acquire Sprint Phones through various

The Scheme causes tremendous harm to Sprint and to consumers. In addition to

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

agreed to pay its attorneys a reasonable fee for their services.

This is an action for damages in excess of $75,000.00, exclusive of interest, costs,

and attorneys fees.

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Sprint Communications Company L.P. is a Delaware limited partnership, with its

principal place of business in Overland Park, Kansas.

Defendant Angel Moreno Rodriguez (Rodriguez) is an individual who personally

Defendant Robert Moreno Escobar (Escobar) is an individual who personally

Venue is proper pursuant to 28 U.S.C. 1391(b) because the Defendants either

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

SPRINTS BUSINESS MODEL

Sprint and its affiliates offer a comprehensive range of telecommunications

Sprints wireless program enables Sprint customers to choose from a variety of

New business customers can go to a Sprint authorized dealer or retailer to open a

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

To make its customers experience as convenient as possible, Sprint provides various

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Wireless technology is constantly changing and improving, and the wireless

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Sprint is continuously working to provide its customers with the latest in

communications technology. For example, undertook a massive Network Vision program to

By outright stealing handset upgrades or stealing the investment in handset

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

SPRINTS TRADEMARK RIGHTS

products and services.

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Instead, entities and individuals such as Defendants and their co-

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Defendants knowingly and willfully engaged in an enterprise that traffics in and

Defendants are not authorized Sprint dealers, retailers, employees, supervisors,

managers, agents or representatives. Defendants have no legitimate connection to Sprint.

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

Based on this information, Sprint launched an investigation into Defendant

Defendants scam is complicated but effective. First, Defendants identify and

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

request for new Sprint service.

Since Defendants have already initiated the Call Forwarding

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Case 3:15-cv-00110-C Document 1 Filed 01/14/15

they immediately resell them.